$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 16^th April, 2025 + CS(COMM) 197/2023 & I.A. 24248/2023 M/S TRDP HAPPY WORLD PVT. LTD .....Plaintiff Through: Mr. Amit Jain, Ms. Shruthi Venugopal, Ms. Simran Kaur & Ms.

Nidhi, Advocates.

versus SHRI BALAJI CHEMFOOD INDUSTRIES .....Defendant Through: Mr. Arnav Goyal, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral)

1. The present suit has been filed seeking relief of permanent injunction restrainingthedefendantsfrominfringingthetrademarksandcopyrightofthe plaintiff, passing off along with other ancillary reliefs.

CASESETUPINTHEPLAINT

2. The plaintiff, M/s TRDP Happy World Private Limited, is a company engagedinthebusinessofmanufacturingandtradingofrusks,biscuits,cakes, instant noodles, etc.

3. In 2011, the plaintiff adopted the trade mark ‘MARIO’/ ‘TRDP MARIO’ through its predecessor and since 2015, the plaintiff has been continuously using the said marks for its goods such as rusks, biscuits, cakes, etc. Along with the word mark, the plaintiff also adopted a device mark with Signature Not Verified Digitally Signed CS(COMM)197/2023 Page 1 of 15 a moustache. The device mark adopted by the plaintiff is g